The employee was hospitalized due to his father's sudden cerebral infarction and requested personal leave to accompany him, but the company did not approve it and dismissed him on the grounds of absenteeism. Recently, the Intermediate People's Court of Zhuhai City, Guangdong Province, made a judgment on this labor contract dispute case, determining that the company has illegally terminated the labor contract and should pay compensation to employee Liu. Last February, Liu, an employee of Fu Company, was hospitalized due to his father's sudden cerebral infarction and needed to be accompanied. Therefore, he applied for personal leave through the company's DingTalk system and uploaded his father's medical records and hospitalization photos as required. Mr. Fu's company rejected Mr. Liu's request for leave. Subsequently, the company terminated the labor contract with Liu on the grounds that Liu had been absent from work for more than three consecutive days, seriously violating the company's rules and regulations, and was treated as an automatic resignation. Liu disagrees with the company's decision and applies for labor arbitration, which is supported. Fu Company is dissatisfied and has filed a lawsuit with Doumen District People's Court in Zhuhai, claiming that Liu's absence from work without approval is a legal act for the company to terminate the labor contract in accordance with rules and regulations. The first instance court ruled to reject the lawsuit request of Fu Company. Fu Company disagrees and appeals to the Zhuhai Intermediate People's Court. After trial, the Zhuhai Intermediate People's Court believes that Liu's request for leave due to his father's sudden serious illness requiring companionship is justified and in line with the traditional virtues and good customs of respecting the elderly and filial piety of the Chinese nation. The employer should provide necessary understanding and empathy. Liu has fulfilled the company's prescribed leave procedures and submitted proof materials in the emergency situation of the incident. Fu Company refused to approve without providing justifiable reasons, and made a dismissal decision without actively verifying the situation before the employee arrived at work. The exercise of its management power clearly exceeded the reasonable boundary, and there were problems with mechanical management and lack of reasonable legality. Therefore, the court found that Fu Company illegally terminated the labor contract and should bear corresponding legal responsibilities. In the end, the Zhuhai Intermediate People's Court rejected the appeal and upheld the original verdict. The presiding judge pointed out that filial piety is a traditional virtue of the Chinese nation. For employees who request reasonable leave to take care of their seriously ill parents, employers should put people first, give certain respect and understanding, and build a harmonious employment relationship. When a worker requests personal leave for personal matters, although it is not a statutory holiday, but there are special circumstances that need to be handled, they should comply with the rules and regulations of the employer, complete the leave procedures, and respect the employer's employment management rights. At the same time, when exercising management power, employers should also follow the principles of reasonableness, good faith, and limitations. The management of enterprises requires both rigid systems and the warmth of human emotions. (New Society)
Edit:Wang Shu Ying Responsible editor:Li Jie
Source:Workers' Daily
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